Traditional owners in Western Australia's Pilbara are accusing the former state government and the mining company Onslow Salt of collusion.
It centres on a $75 million deal Onslow Salt struck with the United States gas giant Chevron.
The Buurabalayji Thalanyji Aboriginal Corporation (BTAC) is mounting a Federal Court case arguing Onslow Salt lied about the true nature of the deal to avoid paying them royalties and claims the WA Government knowingly stood by and let it happen.
According to BTAC's chief executive Matthew Slack, 10.3 million cubic metres of sand, clay and rock has been dug up from an area near the Onslow Salt mine and moved elsewhere.
"10.3 million cubic metres would be an amount similar to the volume of the MCG seven times over," he said.
He argues the excavation amounts to mining.
"We would believe that an operation of that size would absolutely be a mining operation of sorts," he said.
In a nutshell, BTAC argues Onslow Salt sold the sand, clay and rock to Chevron for $75 million and the US gas giant used it as so-called fill material in the construction of its multi-billion-dollar Wheatstone project.
But according to a claim lodged in the Federal Court, BTAC said Onslow Salt falsely said the excavation was done to reduce the risk of its mine flooding, so it did not have to pay them a cent.
"The way Indigenous groups are treated in Western Australia, and in fact throughout the country, is still very poor," he said.
"Organisations are still more interested in their own interests than paying due respect to the rights and interests that native title people have and hold over those lands.
"It's very disappointing that we're continuing to have a debate in 2017 about these people's rights."
Key to BTAC's case is an email allegedly sent from Onslow Salt to Chevron seven years ago.
BTAC will argue it shows Onslow Salt did not want the deal done in a particular way because it would, "cause native title issues and get Thalanyji [BTAC] involved".
Mr Slack said the email did not surprise him.
"But to actually read it in black and white was very confronting," he said.
'We've got a solid case'
If the team BTAC has hired to argue its case is anything to go by, Mr Slack is serious about winning.
Mining magnate Andrew Forrest's former PR man Cameron Morse is running the media campaign.
Bret Walker SC, the former national security legislation watchdog, helped prepare the legal case.
Martin Bennett, the lawyer representing Perth barrister Lloyd Rayney in the defamation trial over being named as the prime and only suspect over his wife's alleged murder, is also on board.
"We've got a solid case, the Thalanyji people know that this is a really tough fight and we think that this a matter that will take probably several years in the court to resolve," Mr Bennett said.
BTAC argues it is entitled to an estimated $12 million from the alleged mining activity in question.
It will claim WA's former Department of State Development breached its duty of care by not disclosing the true nature of the deal.
WA's former premier and then state development minister Colin Barnett declined the ABC's request for comment, as did the new WA Government and Chevron, saying the matter was before the courts.
Onslow Salt said it considered it had met its legal obligations, including under native title laws, and declined to comment further because of the court action.
In a statement, WA's Chamber of Minerals energy said its members "recognise and respect the rights of native title holders".
